In a recent post, this blog highlighted the story of an Oregon man that had been arrested and charged with various drunk driving related charges. In that case, the man was accused of causing a car accident that killed a 60-year-old woman. As many people know, allegations like this are very serious and can result in severe criminal penalties. However, people may not exactly understand the charges this man faces. In particular, many may wonder what aggravated vehicular homicide involves.
Under Oregon law, drivers have the legal responsibly to drive with care. They have to follow the rules of the road in order to keep other people safe. By disregarding these rules, drivers risk more than a speeding ticket, they risk serious criminal charges. Aggravated vehicular homicide is one of these more serious criminal charges.
Aggravated vehicular homicide is a Class A felony that occurs when a driver has a blood alcohol content level above the legal limit. In order to be found guilty of this serious charges, several elements must be met.
Under ORS section 163.149, drivers can be charged with this crime if they operate a vehicle while under the influence of drugs or alcohol while exhibiting extreme indifference to the value of human life, recklessness or criminal negligence and another person is killed by their motor vehicle.
Additionally, the offender must have previously been convicted of another serious criminal charge. These charges include criminally negligent homicide, second-degree manslaughter or first-degree manslaughter.
Oregon residents who have been charged with drunk driving following a serious car accident should understand the state's laws and the severity of the charges that they could be up against. Anyone facing this type of serious charge should seek legal advice from an experienced criminal defense attorney to ensure that they have the best defense possible.
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